Appendix P - Paris Convention

Paris Convention for the Protection of Industrial
Property

of March 20, 1883

as revised

at Brussels on December 14, 1900, at
Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at
Lisbon on October 31, 1958, and at Stockholm on July 14, 1967, and as amended on October 2,
1979. [Articles have been given titles to facilitate their identification. There are no titles
in the signed (French) text.]

(1) The countries to which this
Convention applies constitute a Union for the protection of industrial
property.

(2) The protection of industrial
property has as its object patents, utility models, industrial designs,
trademarks, service marks, trade names, indications of source or appellations of
origin, and the repression of unfair competition.

(3) Industrial property shall be
understood in the broadest sense and shall apply not only to industry and commerce
proper, but likewise to agricultural and extractive industries and to all
manufactured or natural products, for example, wines, grain, tobacco leaf, fruit,
cattle, minerals, mineral waters, beer, flowers, and flour.

(4) Patents shall include the
various kinds of industrial patents recognized by the laws of the countries of the
Union, such as patents of importation, patents of improvement, patents and
certificates of addition, etc.

Article 2 - [National Treatment for Nationals of Countries of the
Union]

(1) Nationals of any country of
the Union shall, as regards the protection of industrial property, enjoy in all
the other countries of the Union the advantages that their respective laws now
grant, or may hereafter grant, to nationals; all without prejudice to the rights
specially provided for by this Convention. Consequently, they shall have the same
protection as the latter, and the same legal remedy against any infringement of
their rights, provided that the conditions and formalities imposed upon nationals
are complied with.

(2) However, no requirement as to
domicile or establishment in the country where protection is claimed may be
imposed upon nationals of countries of the Union for the enjoyment of any
industrial property rights.

(3) The provisions of the laws of
each of the countries of the Union relating to judicial and administrative
procedure and to jurisdiction, and to the designation of an address for service or
the appointment of an agent, which may be required by the laws on industrial
property are expressly reserved.

Article 3 - [Same Treatment for Certain Categories of Persons as for Nationals
of Countries of the Union]

Nationals of countries outside the
Union who are domiciled or who have real and effective industrial or commercial
establishments in the territory of one of the countries of the Union shall be treated in
the same manner as nationals of the countries of the Union.

(1) Any person who has duly
filed an application for a patent, or for the registration of a utility
model, or of an industrial design, or of a trademark, in one of the
countries of the Union, or his successor in title, shall enjoy, for the
purpose of filing in the other countries, a right of priority during the
periods hereinafter fixed.

(2) Any filing that is
equivalent to a regular national filing under the domestic legislation of
any country of the Union or under bilateral or multilateral treaties
concluded between countries of the Union shall be recognized as giving rise
to the right of priority.

(3) By a regular national
filing is meant any filing that is adequate to establish the date on which
the application was filed in the country concerned, whatever may be the
subsequent fate of the application.

B. — Consequently, any subsequent
filing in any of the other countries of the Union before the expiration of the
periods referred to above shall not be invalidated by reason of any acts
accomplished in the interval, in particular, another filing, the publication or
exploitation of the invention, the putting on sale of copies of the design, or the
use of the mark, and such acts cannot give rise to any third-party right or any
right of personal possession. Rights acquired by third parties before the date of
the first application that serves as the basis for the right of priority are
reserved in accordance with the domestic legislation of each country of the
Union.

C. —

(1) The periods of priority
referred to above shall be twelve months for patents and utility models, and
six months for industrial designs and trademarks.

(2) These periods shall
start from the date of filing of the first application; the day of filing
shall not be included in the period.

(3) If the last day of the
period is an official holiday, or a day when the Office is not open for the
filing of applications in the country where protection is claimed, the
period shall be extended until the first following working
day.

(4) A subsequent application
concerning the same subject as a previous first application within the
meaning of paragraph (2), above, filed in the same country of the Union.
shall be considered as the first application, of which the filing date shall
be the starting point of the period of priority, if, at the time of filing
the subsequent application, the said previous application has been
withdrawn, abandoned, or refused, without having been laid open to public
inspection and without leaving any rights outstanding, and if it has not yet
served as a basis for claiming a right of priority. The previous application
may not thereafter serve as a basis for claiming a right of
priority.

D. —

(1) Any person desiring to
take advantage of the priority of a previous filing shall be required to
make a declaration indicating the date of such filing and the country in
which it was made. Each country shall determine the latest date on which
such declaration must be made.

(2) These particulars shall
be mentioned in the publications issued by the competent authority, and in
particular in the patents and the specifications relating
thereto.

(3) The countries of the
Union may require any person making a declaration of priority to produce a
copy of the application (description, drawings, etc.) previously filed. The
copy, certified as correct by the authority which received such application,
shall not require any authentication, and may in any case be filed, without
fee, at any time within three months of the filing of the subsequent
application. They may require it to be accompanied by a certificate from the
same authority showing the date of filing, and by a
translation.

(4) No other formalities may
be required for the declaration of priority at the time of filing the
application. Each country of the Union shall determine the consequences of
failure to comply with the formalities prescribed by this Article, but such
consequences shall in no case go beyond the loss of the right of
priority.

(5) Subsequently, further
proof may be required.

Any person who avails
himself of the priority of a previous application shall be required to
specify the number of that application; this number shall be published as
provided for by paragraph (2), above.

E. —

(1) Where an industrial
design is filed in a country by virtue of a right of priority based on the
filing of a utility model, the period of priority shall be the same as that
fixed for industrial designs.

(2) Furthermore, it is
permissible to file a utility model in a country by virtue of a right of
priority based on the filing of a patent application, and vice
versa.

F. — No country of the Union may
refuse a priority or a patent application on the ground that the applicant claims
multiple priorities, even if they originate in different countries, or on the
ground that an application claiming one or more priorities contains one or more
elements that were not included in the application or applications whose priority
is claimed, provided that, in both cases, there is unity of invention within the
meaning of the law of the country.

With respect to the elements
not included in the application or applications whose priority is claimed, the
filing of the subsequent application shall give rise to a right of priority under
ordinary conditions.

G. —

(1) If the examination
reveals that an application for a patent contains more than one invention,
the applicant may divide the application into a certain number of divisional
applications and preserve as the date of each the date of the initial
application and the benefit of the right of priority, if
any.

(2) The applicant may also,
on his own initiative, divide a patent application and preserve as the date
of each divisional application the date of the initial application and the
benefit of the right of priority, if any. Each country of the Union shall
have the right to determine the conditions under which such division shall
be authorized.

H. — Priority may not be refused on
the ground that certain elements of the invention for which priority is claimed do
not appear among the claims formulated in the application in the country of
origin, provided that the application documents as a whole specifically disclose
such elements.

I. —

(1) Applications for
inventors' certificates filed in a country in which applicants have the
right to apply at their own option either for a patent or for an inventor's
certificate shall give rise to the right of priority provided for by this
Article, under the same conditions and with the same effects as applications
for patents.

(2) In a country in which
applicants have the right to apply at their own option either for a patent
or for an inventor's certificate, an applicant for an inventor's certificate
shall, in accordance with the provisions of this Article relating to patent
applications, enjoy a right of priority based on an application for a
patent, a utility model, or an inventor's certificate.

Article 4
bis - [Patents: Independence of Patents Obtained for the Same Invention
in Different Countries]

(1) Patents applied for in the
various countries of the Union by nationals of countries of the Union shall be
independent of patents obtained for the same invention in other countries, whether
members of the Union or not.

(2) The foregoing provision is to
be understood in an unrestricted sense, in particular, in the sense that patents
applied for during the period of priority are independent, both as regards the
grounds for nullity and forfeiture, and as regards their normal
duration.

(3) The provision shall apply to
all patents existing at the time when it comes into effect.

(4) Similarly, it shall apply, in
the case of the accession of new countries, to patents in existence on either side
at the time of accession.

(5) Patents obtained with the
benefit of priority shall, in the various countries of the Union, have a duration
equal to that which they would have, had they been applied for or granted without
the benefit of priority.

Article 4
ter - [Patents: Mention of the Inventor in the Patent]

The grant of a patent shall not be
refused and a patent shall not be invalidated on the ground that the sale of the patented
product or of a product obtained by means of a patented process is subject to restrictions
or limitations resulting from the domestic law.

(1) Importation by the
patentee into the country where the patent has been granted of articles
manufactured in any of the countries of the Union shall not entail
forfeiture of the patent.

(2) Each country of the
Union shall have the right to take legislative measures providing for the
grant of compulsory licenses to prevent the abuses which might result from
the exercise of the exclusive rights conferred by the patent, for example,
failure to work.

(3) Forfeiture of the patent
shall not be provided for except in cases where the grant of compulsory
licenses would not have been sufficient to prevent the said abuses. No
proceedings for the forfeiture or revocation of a patent may be instituted
before the expiration of two years from the grant of the first compulsory
license.

(4) A compulsory license may
not be applied for on the ground of failure to work or insufficient working
before the expiration of a period of four years from the date of filing of
the patent application or three years from the date of the grant of the
patent, whichever period expires last; it shall be refused if the patentee
justifies his inaction by legitimate reasons. Such a compulsory license
shall be non-exclusive and shall not be transferable, even in the form of
the grant of a sub-license, except with that part of the enterprise or
goodwill which exploits such license.

B. — The protection of industrial
design shall not, under any circumstance, be subject to any forfeiture, either by
reason of failure to work or by reason of the importation of articles
corresponding to those which are protected.

C. —

(1) If, in any country, use
of the registered mark is compulsory, the registration may be cancelled only
after a reasonable period, and then only if the person concerned does not
justify his inaction.

(2) Use of a trademark by
the proprietor in a form differing in elements which do not alter the
distinctive character of the mark in the form in which it was registered in
one of the countries of the Union shall not entail invalidation of the
registration and shall not diminish the protection granted to the
mark.

(3) Concurrent use of the
same mark on identical or similar goods by industrial or commercial
establishments considered as co-proprietors of the mark according to the
provisions of the domestic law of the country where protection is claimed
shall not prevent registration or diminish in any way the protection granted
to the said mark in any country of the Union, provided that such use does
not result in misleading the public and is not contrary to the public
interest.

D. — No indication or mention of
the patent, of the utility model, of the registration of the trademark, or of the
deposit of the industrial design, shall be required upon the goods as a condition
of recognition of the right to protection.

Article 5
bis - [All Industrial Property Rights: Period of Grace for the Payment
of Fees for the Maintenance of Rights; Patents: Restoration]

(1) A period of grace of not less
than six months shall be allowed for the payment of the fees prescribed for the
maintenance of industrial property rights, subject, if the domestic legislation so
provides, to the payment of a surcharge.

(2) The countries of the Union
shall have the right to provide for the restoration of patents which have lapsed
by reason of non-payment of fees.

In any country of the Union the
following shall not be considered as infringements of the rights of a
patentee:

(1) the use on board vessels of
other countries of the Union of devices forming the subject of his patent in the
body of the vessel, in the machinery, tackle, gear and other accessories, when
such vessels temporarily or accidentally enter the waters of the said country,
provided that such devices are used there exclusively for the needs of the
vessel;

(2) the use of devices forming the
subject of the patent in the construction or operation of aircraft or land
vehicles of other countries of the Union, or of accessories of such aircraft or
land vehicles, when those aircraft or land vehicles temporarily or accidentally
enter the said country.

When a product is imported into a
country of the Union where there exists a patent protecting a process of manufacture of the
said product, the patentee shall have all the rights, with regard to the imported product,
that are accorded to him by the legislation of the country of importation, on the basis of
the process patent, with respect to products manufactured in that country.

Article 5
quinquies - [Industrial Designs]

Article 6 - [Marks: Conditions of Registration; Independence of Protection of
Same Mark in Different Countries]

(1) The conditions for the filing
and registration of trademarks shall be determined in each country of the Union by
its domestic legislation.

(2) However, an application for
the registration of a mark filed by a national of a country of the Union in any
country of the Union may not be refused, nor may a registration be invalidated, on
the ground that filing, registration, or renewal, has not been effected in the
country of origin.

(3) A mark duly registered in a
country of the Union shall be regarded as independent of marks registered in the
other countries of the Union, including the country of origin.

Article 6
bis - [Marks: Well Known Marks]

(1) The countries of the Union
undertake,
ex officio if their legislation so
permits, or at the request of an interested party, to refuse or to cancel the
registration, and to prohibit the use, of a trademark which constitutes a
reproduction, an imitation, or a translation, liable to create confusion, of a
mark considered by the competent authority of the country of registration or use
to be well known in that country as being already the mark of a person entitled to
the benefits of this Convention and used for identical or similar
goods.

These provisions shall also
apply when the essential part of the mark constitutes a reproduction of any such
well-known mark or an imitation liable to create confusion
therewith.

(2) A period of at least five
years from the date of registration shall be allowed for requesting the
cancellation of such a mark. The countries of the Union may provide for a period
within which the prohibition of use must be requested.

(3) No time limit shall be fixed
for requesting the cancellation or the prohibition of the use of marks registered
or used in bad faith.

(a) The countries of the
Union agree to refuse or to invalidate the registration, and to prohibit by
appropriate measures the use, without authorization by the competent
authorities, either as trademarks or as elements of trademarks, of armorial
bearings, flags, and other State emblems, of the countries of the Union,
official signs and hallmarks indicating control and warranty adopted by
them, and any imitation from a heraldic point of view.

(b) The provisions of
subparagraph (a), above, shall apply equally to armorial bearings, flags,
other emblems, abbreviations, and names, of international intergovernmental
organizations of which one or more countries of the Union are members, with
the exception of armorial bearings, flags, other emblems, abbreviations, and
names, that are already the subject of international agreements in force,
intended to ensure their protection.

(c) No country of the Union
shall be required to apply the provisions of subparagraph (b), above, to the
prejudice of the owners of rights acquired in good faith before the entry
into force, in that country, of this Convention. The countries of the Union
shall not be required to apply the said provisions when the use or
registration referred to in subparagraph (a), above, is not of such a nature
as to suggest to the public that a connection exists between the
organization concerned and the armorial bearings, flags, emblems,
abbreviations, and names, or if such use or registration is probably not of
such a nature as to mislead the public as to the existence of a connection
between the user and the organization.

(2) Prohibition of the use of
official signs and hallmarks indicating control and warranty shall apply solely in
cases where the marks in which they are incorporated are intended to be used on
goods of the same or a similar kind.

(3)

(a) For the application of
these provisions, the countries of the Union agree to communicate
reciprocally, through the intermediary of the International Bureau, the list
of State emblems, and official signs and hallmarks indicating control and
warranty, which they desire, or may hereafter desire, to place wholly or
within certain limits under the protection of this Article, and all
subsequent modifications of such list. Each country of the Union shall in
due course make available to the public the lists so
communicated.

Nevertheless such
communication is not obligatory in respect of flags of
States.

(b) The provisions of
subparagraph (b) of paragraph (1) of this Article shall apply only to such
armorial bearings, flags, other emblems, abbreviations, and names, of
international intergovernmental organizations as the latter have
communicated to the countries of the Union through the intermediary of the
International Bureau.

(4) Any country of the Union may,
within a period of twelve months from the receipt of the notification, transmit
its objections, if any, through the intermediary of the International Bureau, to
the country or international intergovernmental organization
concerned.

(5) In the case of State flags,
the measures prescribed by paragraph (1), above, shall apply solely to marks
registered after November 6, 1925.

(6) In the case of State emblems
other than flags, and of official signs and hallmarks of the countries of the
Union, and in the case of armorial bearings, flags, other emblems, abbreviations,
and names, of international intergovernmental organizations, these provisions
shall apply only to marks registered more than two months after receipt of the
communication provided for in paragraph (3), above.

(7) In cases of bad faith, the
countries shall have the right to cancel even those marks incorporating State
emblems, signs, and hallmarks, which were registered before November 6,
1925.

(8) Nationals of any country who
are authorized to make use of the State emblems, signs, and hallmarks, of their
country may use them even if they are similar to those of another
country.

(9) The countries of the Union
undertake to prohibit the unauthorized use in trade of the State armorial bearings
of the other countries of the Union, when the use is of such a nature as to be
misleading as to the origin of the goods.

(10) The above provisions shall not
prevent the countries from exercising the right given in paragraph (3) of
Article
6
quinquies, Section B, to refuse or to
invalidate the registration of marks incorporating, without authorization,
armorial hearings, flags, other State emblems, or official signs and hallmarks
adopted by a country of the Union, as well as the distinctive signs of
international intergovernmental organizations referred to in paragraph (1),
above.

Article 6
quater - [Marks: Assignment of Marks]

(1) When, in accordance with the
law of a country of the Union, the assignment of a mark is valid only if it takes
place at the same time as the transfer of the business or goodwill to which the
mark belongs, it shall suffice for the recognition of such validity that the
portion of the business or goodwill located in that country be transferred to the
assignee, together with the exclusive right to manufacture in the said country, or
to sell therein, the goods bearing the mark assigned.

(2) The foregoing provision does
not impose upon the countries of the Union any obligation to regard as valid the
assignment of any mark the use of which by the assignee would, in fact, be of such
a nature as to mislead the public, particularly as regards the origin, nature, or
essential qualities, of the goods to which the mark is applied.

Article 6
quinquies - [Marks: Protection of Marks Registered in One Country of the Union
in the Other Countries of the Union]

A. —

(1) Every trademark duly
registered in the country of origin shall be accepted for filing and
protected as is in the other countries of the Union, subject to the
reservations indicated in this Article. Such countries may, before
proceeding to final registration, require the production of a certificate of
registration in the country of origin, issued by the competent authority. No
authentication shall be required for this certificate.

(2) Shall be considered the
country of origin the country of the Union where the applicant has a real
and effective industrial or commercial establishment, or, if he has no such
establishment within the Union, the country of the Union where he has his
domicile, or, if he has no domicile within the Union but is a national of a
country of the Union, the country of which he is a national.

B. — Trademarks covered by this
Article may be neither denied registration nor invalidated except in the following
cases:

1. when they are of such a
nature as to infringe rights acquired by third parties in the country where
protection is claimed;

2. when they are devoid of
any distinctive character, or consist exclusively of signs or indications
which may serve, in trade, to designate the kind, quality, quantity,
intended purpose, value, place of origin, of the goods, or the time of
production, or have become customary. in the current language or in the bona
fide and established practices of the trade of the country where protection
is claimed;

3. when they are contrary
to morality or public order and, in particular, of such a nature as to
deceive the public. It is understood that a mark may not be considered
contrary to public order for the sole reason that it does not conform to a
provision of the legislation on marks, except if such provision itself
relates to public order.

This provision is
subject, however, to the application of
Article
10
bis.

C. —

(1) In determining whether a
mark is eligible for protection, all the factual circumstances must be taken
into consideration, particularly the length of time the mark has been in
use.

(2) No trademark shall be
refused in the other countries of the Union for the sole reason that it
differs from the mark protected in the country of origin only in respect of
elements that do not alter its distinctive character and do not affect its
identity in the form in which it has been registered in the said country of
origin.

D. — No person may benefit from the
provisions of this Article if the mark for which he claims protection is not
registered in the country of origin.

E. — However, in no case shall the
renewal of the registration of the mark in the country of origin involve an
obligation to renew the registration in the other countries of the Union in which
the mark has been registered.

F. — The benefit of priority shall
remain unaffected for applications for the registration of marks filed within the
period fixed by
Article 4, even if registration in the country of
origin is effected after the expiration of such period.

Article 6
sexies - [Marks: Service Marks]

Article 6
septies - [Marks: Registration in the Name of the Agent or Representative of
the Proprietor Without the Latter's Authorization]

(1) If the agent or representative
of the person who is the proprietor of a mark in one of the countries of the Union
applies, without such proprietor's authorization, for the registration of the mark
in his own name, in one or more countries of the Union, the proprietor shall be
entitled to oppose the registration applied for or demand its cancellation or, if
the law of the country so allows, the assignment in his favor of the said
registration, unless such agent or representative justifies his
action.

(2) The proprietor of the mark
shall, subject to the provisions of paragraph (1), above, be entitled to oppose
the use of his mark by his agent or representative if he has not authorized such
use.

(3) Domestic legislation may
provide an equitable time limit within which the proprietor of a mark must
exercise the rights provided for in this Article.

Article 7 - [Marks: Nature of the Goods to which the Mark is
Applied]

Article 7
bis - [Marks: Collective Marks]

(1) The countries of the Union
undertake to accept for filing and to protect collective marks belonging to
associations the existence of which is not contrary to the law of the country of
origin even if such associations do not possess an industrial or commercial
establishment.

(2) Each country shall be the
judge of the particular conditions under which a collective mark shall be
protected and may refuse protection if the mark is contrary to the public
interest.

(3) Nevertheless, the protection
of these marks shall not be refused to any association the existence of which is
not contrary to the law of the country of origin, on the ground that such
association is not established in the country where protection is sought or is not
constituted according to the law of the latter country.

(1) All goods unlawfully bearing a
trademark or trade name shall be seized on importation into those countries of the
Union where such mark or trade name is entitled to legal
protection.

(2) Seizure shall likewise be
effected in the country where the unlawful affixation occurred or in the country
in to which the goods were imported.

(3) Seizure shall take place at
the request of the public prosecutor, or any other competent authority, or any
interested party, whether a natural person or a legal entity, in conformity with
the domestic legislation of each country.

(4) The authorities shall not be
bound to effect seizure of goods in transit.

(5) If the legislation of a
country does not permit seizure on importation, seizure shall be replaced by
prohibition of importation or by seizure inside the country.

(6) If the legislation of a
country permits neither seizure on importation nor prohibition of importation nor
seizure inside the country, then, until such time as the legislation is modified
accordingly, these measures shall be replaced by the actions and remedies
available in such cases to nationals under the law of such
country.

Article 10 - [False Indications: Seizure, on Importation, etc., of Goods
Bearing False Indications as to their Source or the Identity of the Producer]

(1) The provisions of the
preceding Article shall apply in cases of direct or indirect use of a false
indication of the source of the goods or the identity of the producer,
manufacturer, or merchant.

(2) Any producer, manufacturer, or
merchant, whether a natural person or a legal entity, engaged in the production or
manufacture of or trade in such goods and established either in the locality
falsely indicated as the source, or in the region where such locality is situated,
or in the country falsely indicated, or in the country where the false indication
of source is used, shall in any case be deemed an interested
party.

Article 10
bis - [Unfair Competition]

(1) The countries of the Union are
bound to assure to nationals of such countries effective protection against unfair
competition.

(2) Any act of competition
contrary to honest practices in industrial or commercial matters constitutes an
act of unfair competition.

(3) The following in particular
shall be prohibited:

l. all acts of such a
nature as to create confusion by any means whatever with the establishment,
the goods, or the industrial or commercial activities, of a
competitor;

2. false allegations in the
course of trade of such a nature as to discredit the establishment, the
goods, or the industrial or commercial activities, of a
competitor;

3. indications or
allegations the use of which in the course of trade is liable to mislead the
public as to the nature, the manufacturing process, the characteristics, the
suitability for their purpose, or the quantity, of the
goods.

(1) The countries of the Union
undertake to assure to nationals of the other countries of the Union appropriate
legal remedies effectively to repress all the acts referred to in
Articles
9
,
10, and
10bis.

(2) They undertake, further, to
provide measures to permit federations and associations representing interested
industrialists, producers, or merchants, provided that the existence of such
federations and associations is not contrary to the laws of their countries, to
take action in the courts or before the administrative authorities, with a view to
the repression of the acts referred to in
Articles 9,
10, and
10bis, in so far as the law of the
country in which protection is claimed allows such action by federations and
associations of that country.

(1) The countries of the Union
shall, in conformity with their domestic legislation, grant temporary protection
to patentable inventions, utility models, industrial designs, and trademarks, in
respect of goods exhibited at official or officially recognized international
exhibitions held in the territory of any of them.

(2) Such temporary protection
shall not extend the periods provided by
Article 4. If, later, the
right of priority is invoked, the authorities of any country may provide that the
period shall start from the date of introduction of the goods into the
exhibition.

(3) Each country may require, as
proof of the identity of the article exhibited and of the date of its
introduction, such documentary evidence as it considers necessary.

Article 12 - [Special National Industrial Property Services]

(1) Each country of the Union
undertakes to establish a special industrial property service and a central office
for the communication to the public of patents, utility models, industrial
designs, and trademarks.

(2) This service shall publish an
official periodical journal. It shall publish regularly:

(a) the names of the
proprietors of patents granted, with a brief designation of the inventions
patented;

Article 13 - [Assembly of the Union]

(a) The Union shall have an
Assembly consisting of those countries of the Union which are bound by
Articles 13 to 17.

(b) The Government of each
country shall be represented by one delegate, who may be assisted by
alternate delegates, advisors, and experts.

(c) The expenses of each
delegation shall be borne by the Government which has appointed
it.

(2)

(a) The Assembly
shall:

(i) deal with all
matters concerning the maintenance and development of the Union and
the implementation of this Convention;

(ii) give directions
concerning the preparation for conferences of revision to the
International Bureau of Intellectual Property (hereinafter designated
as the International Bureau) referred to in the Convention
establishing the World Intellectual Property Organization (hereinafter
designated as the Organization), due account being taken of any
comments made by those countries of the Union which are not bound by
Articles 13 to 17;

(iii) review and approve
the reports and activities of the Director General of the Organization
concerning the Union, and give him all necessary instructions
concerning matters with in the competence of the
Union;

(iv) elect the members
of the Executive Committee of the Assembly;

(v) review and approve
the reports and activities of its Executive Committee, and give
instructions to such Committee;

(vi) determine the
program and adopt the biennial budget of the Union, and approve its
final accounts;

(vii) adopt the
financial regulations of the Union;

(viii) establish such
committees of experts and working groups as it deems appropriate to
achieve the objectives of the Union;

(ix) determine which
countries not members of the Union and which intergovernmental and
international nongovernmental organizations shall be admitted to its
meetings as observers;

(xi) take any other
appropriate action designed to further the objectives of the
Union;

(xii) perform such other
functions as are appropriate under this Convention;

(xiii) subject to its
acceptance, exercise such rights as are given to it in the Convention
establishing the Organization.

(b) With respect to matters
which are of interest also to other Unions administered by the Organization,
the Assembly shall make its decisions after having heard the advice of the
Coordination Committee of the Organization.

(3)

(a) Subject to the
provisions of subparagraph (b), a delegate may represent one country
only.

(b) Countries of the Union
grouped under the terms of a special agreement in a common office possessing
for each of them the character of a special national service of industrial
property as referred to in
Article 12 may be
jointly represented during discussions by one of their
number.

(4)

(a) Each country member of
the Assembly shall have one vote.

(b) One-half of the
countries members of the Assembly shall constitute a quorum.

(c) Notwithstanding the
provisions of subparagraph (b), if, in any session, the number of countries
represented is less than one-half but equal to or more than one-third of the
countries members of the Assembly, the Assembly may make decisions but, with
the exception of decisions concerning its own procedure, all such decisions
shall take effect only if the conditions set forth hereinafter are
fulfilled. The International Bureau shall communicate the said decisions to
the countries members of the Assembly which were not represented and shall
invite them to express in writing their vote or abstention within a period
of three months from the date of the communication. If, at the expiration of
this period, the number of countries having thus expressed their vote or
abstention attains the number of countries which was lacking for attaining
the quorum in the session itself, such decisions shall take effect provided
that at the same time the required majority still obtains.

(d) Subject to the
provisions of
Article 17(2), the decisions of the
Assembly shall require two-thirds of the votes cast.

(e) Abstentions shall not be
considered as votes.

(5)

(a) Subject to the
provisions of subparagraph (b), a delegate may vote in the name of one
country only.

(b) The countries of the
Union referred to in paragraph (3)
(b)
shall, as a general rule, endeavor to send their own delegations to the
sessions of the Assembly. If, however, for exceptional reasons, any such
country cannot send its own delegation, it may give to the delegation of
another such country the power to vote in its name, provided that each
delegation may vote by proxy for one country only. Such power to vote shall
be granted in a document signed by the Head of State or the competent
Minister.

(6) Countries of the Union not
members of the Assembly shall be admitted to the meetings of the latter as
observers.

(7)

(a) The Assembly shall meet
once in every second calendar year in ordinary session upon convocation by
the Director General and, in the absence of exceptional circumstances,
during the same period and at the same place as the General Assembly of the
Organization.

(b) The Assembly shall meet
in extraordinary session upon convocation by the Director General, at the
request of the Executive Committee or at the request of one-fourth of the
countries members of the Assembly.

Article 14 - [Executive Committee]

(1) The Assembly shall have an
Executive Committee.

(2)

(a) The Executive Committee
shall consist of countries elected by the Assembly from among countries
members of the Assembly. Furthermore, the country on whose territory the
Organization has its headquarters shall, subject to the provisions of
Article 16 (7)(b), have an
ex officio seat on the
Committee.

(b) The Government of each
country member of the Executive Committee shall be represented by one
delegate, who may be assisted by alternate delegates, advisors, and
experts.

(c) The expenses of each
delegation shall be borne by the Government which has appointed
it.

(3) The number of countries
members of the Executive Committee shall correspond to one-fourth of the number of
countries members of the Assembly. In establishing the number of seats to be
filled, remainders after division by four shall be disregarded.

(4) In electing the members of the
Executive Committee, the Assembly shall have due regard to an equitable
geographical distribution and to the need for countries party to the Special
Agreements established in relation with the Union to be among the countries
constituting the Executive Committee.

(5)

(a) Each member of the
Executive Committee shall serve from the close of the session of the
Assembly which elected it to the close of the next ordinary session of the
Assembly.

(b) Members of the Executive
Committee may be reelected but only up to a maximum of two-thirds of such
members.

(c) The Assembly shall
establish the details of the rules governing the election and possible
reelection of the members of the Executive Committee.

(6)

(a) The Executive Committee
shall:

(i) prepare the draft
agenda of the Assembly;

(ii) submit proposals
to the Assembly in respect of the draft program and biennial budget of
the Union prepared by the Director General;

(iii) [deleted]

(iv) submit, with
appropriate comments, to the Assembly the periodical reports of the
Director General and the yearly audit reports on the
accounts;

(v) take all necessary
measures to ensure the execution of the program of the Union by the
Director General, in accordance with the decisions of the Assembly and
having regard to circumstances arising between two ordinary sessions
of the Assembly;

(vi) perform such other
functions as are allocated to it under this
Convention.

(b) With respect to matters
which are of interest also to other Unions administered by the Organization,
the Executive Committee shall make its decisions after having heard the
advice of the Coordination Committee of the Organization.

(7)

(a) The Executive Committee
shall meet once a year in ordinary session upon convocation by the Director
General, preferably during the same period and at the same place as the
Coordination Committee of the Organization.

(b) The Executive Committee
shall meet in extraordinary session upon convocation by the Director
General, either on his own initiative, or at the request of its Chairman or
one-fourth of its members.

(8)

(a) Each country member of
the Executive Committee shall have one vote.

(b) One-half of the members
of the Executive Committee shall constitute a quorum.

(c) Decisions shall be made
by a simple majority of the votes cast.

(d) Abstentions shall not be
considered as votes.

(e) A delegate may
represent, and vote in the name of, one country only.

(9) Countries of the Union not
members of the Executive Committee shall be admitted to its meetings as
observers.

Article 15 - [International Bureau]

(1)

(a) Administrative tasks
concerning the Union shall be performed by the International Bureau, which
is a continuation of the Bureau of the Union united with the Bureau of the
Union established by the International Convention for the Protection of
Literary and Artistic Works.

(b) In particular, the
International Bureau shall provide the secretariat of the various organs of
the Union.

(c) The Director General of
the Organization shall be the chief executive of the Union and shall
represent the Union.

(2) The International Bureau shall
assemble and publish information concerning the protection of industrial property.
Each country of the Union shall promptly communicate to the International Bureau
all new laws and official texts concerning the protection of industrial property.
Furthermore, it shall furnish the International Bureau with all the publications
of its industrial property service of direct concern to the protection of
industrial property which the International Bureau may find useful in its
work.

(3) The International Bureau shall
publish a monthly periodical.

(4) The International Bureau
shall, on request, furnish any country of the Union with information on matters
concerning the protection of industrial property.

(5) The International Bureau shall
conduct studies, and shall provide services, designed to facilitate the protection
of industrial property.

(6) The Director General and any
staff member designated by him shall participate, without the right to vote, in
all meetings of the Assembly, the Executive Committee, and any other committee of
experts or working group. The Director General, or a staff member designated by
him, shall be
ex officio secretary of these
bodies.

(7)

(a) The International Bureau
shall, in accordance with the directions of the Assembly and in cooperation
with the Executive Committee, make the preparations for the conferences of
revision of the provisions of the Convention other than
Articles 13 to 17.

(b) The International Bureau
may consult with intergovernmental and international non-governmental
organizations concerning preparations for conferences of
revision.

(c) The Director General and
persons designated by him shall take part, without the right to vote, in the
discussions at these conferences.

(8) The International Bureau shall
carry out any other tasks assigned to it.

Article 16 - [Finances]

(1)

(a) The Union shall have a
budget.

(b) The budget of the Union
shall include the income and expenses proper to the Union, its contribution
to the budget of expenses common to the Unions, and, where applicable, the
sum made available to the budget of the Conference of the
Organization.

(c) Expenses not
attributable exclusively to the Union but also to one or more other Unions
administered by the Organization shall be considered as expenses common to
the Unions. The share of the Union in such common expenses shall be in
proportion to the interest the Union has in them.

(2) The budget of the Union shall
be established with due regard to the requirements of coordination with the
budgets of the other Unions administered by the Organization.

(3) The budget of the Union shall
be financed from the following sources:

(i) contributions of the
countries of the Union;

(ii) fees and charges due for
services rendered by the International Bureau in relation to the
Union;

(iii) sale of, or royalties
on, the publications of the International Bureau concerning the
Union;

(iv) gifts, bequests, and
subventions;

(v) rents, interests, and
other miscellaneous income.

(4)

(a) For the purpose of
establishing its contribution towards the budget, each country of the Union
shall belong to a class, and shall pay its annual contributions on the basis
of a number of units fixed as follows:

Class
I

25

Class
II

15

Class
III

15

Class
IV

10

Class
V

5

Class
VI

3

Class VII

1

(b) Unless it has already
done so, each country shall indicate, concurrently with depositing its
instrument of ratification or accession, the class to which it wishes to
belong. Any country may change class. If it chooses a lower class, the
country must announce such change to the Assembly at one of its ordinary
sessions. Any such change shall take effect at the beginning of the calendar
year following the said session.

(c) The annual contribution
of each country shall be an amount in the same proportion to the total sum
to be contributed to the budget of the Union by all countries as the number
of its units is to the total of the units of all contributing
countries.

(d) Contributions shall
become due on the first of January of each year.

(e) A country which is in
arrears in the payment of its contributions may not exercise its right to
vote in any of the organs of the Union of which it is a member if the amount
of its arrears equals or exceeds the amount of the contributions due from it
for the preceding two full years. However, any organ of the Union may allow
such a country to continue to exercise its right to vote in that organ if,
and as long as, it is satisfied that the delay in payment is due to
exceptional and unavoidable circumstances.

(f) If the budget is not
adopted before the beginning of a new financial period, it shall be at the
same level as the budget of the previous year, as provided in the financial
regulations.

(5) The amount of the fees and
charges due for services rendered by the International Bureau in relation to the
Union shall be established, and shall be reported to the Assembly and the
Executive Committee, by the Director General.

(6)

(a) The Union shall have a
working capital fund which shall be constituted by a single payment made by
each country of the Union. If the fund becomes insufficient, the Assembly
shall decide to increase it.

(b) The amount of the
initial payment of each country to the said fund or of its participation in
the increase thereof shall be a proportion of the contribution of that
country for the year in which the fund is established or the decision to
increase it is made.

(c) The proportion and the
terms of payment shall be fixed by the Assembly on the proposal of the
Director General and after it has heard the advice of the Coordination
Committee of the organization.

(7)

(a) In the headquarters
agreement concluded with the country on the territory of which the
Organization has its headquarters, it shall be provided that, whenever the
working capital fund is insufficient, such country shall grant advances. The
amount of these advances and the conditions on which they are granted shall
be the subject of separate agreements, in each case, between such country
and the Organization. As long as it remains under the obligation to grant
advances, such country shall have an
ex
officio
seat on the Executive Committee.

(b) The country referred to
in subparagraph(a) and the Organization shall each have the right to
denounce the obligation to grant advances, by written notification.
Denunciation shall take effect three years after the end of the year in
which it has been notified.

(8) The auditing of the accounts
shall be effected by one or more of the countries of the Union or by external
auditors, as provided in the financial regulations. They shall be designated, with
their agreement, by the Assembly.

(1) Proposals for the amendment of
Articles
13
,
14,
15,
16, and the present Article, may be initiated by any
country member of the Assembly, by the Executive Committee, or by the Director
General. Such proposals shall be communicated by the Director General to the
member countries of the Assembly at least six months in advance of their
consideration by the Assembly.

(2) Amendments to the Articles
referred to in paragraph (1) shall be adopted by the Assembly. Adoption shall
require three-fourths of the votes cast, provided that any amendment to
Article
13
, and to the present paragraph, shall require
four-fifths of the votes cast.

(3) Any amendment to the Articles
referred to in paragraph (1) shall enter into force one month after written
notifications of acceptance, effected in accordance with their respective
constitutional processes, have been received by the Director General from
three-fourths of the countries members of the Assembly at the time it adopted the
amendment. Any amendment to the said Articles thus accepted shall bind all the
countries which are members of the Assembly at the time the amendment enters into
force, or which become members thereof at a subsequent date, provided that any
amendment increasing the financial obligations of countries of the Union shall
bind only those countries which have notified their acceptance of such
amendment.

Article 19 - [Special Agreements]

It is understood that the countries of
the Union reserve the right to make separately between themselves special agreements for
the protection of industrial property, in so far as these agreements do not contravene the
provisions of this Convention.

Article 20 - [Ratification or Accession by Countries of the Union; Entry Into
Force]

(1)

(a) Any country of the Union
which has signed this Act may ratify it, and, if it has not signed it, may
accede to it. Instruments of ratification and accession shall be deposited
with the Director General.

(b) Any country of the Union
may declare in its instrument of ratification or accession that its
ratification or accession shall not apply:

(c) Any country of the Union
which, in accordance with subparagraph (b), has excluded from the effects of
its ratification or accession one of the two groups of Articles referred to
in that subparagraph may at any later time declare that it extends the
effects of its ratification or accession to that group of Articles. Such
declaration shall be deposited with the Director General.

(2)

(a)
Articles
1
to 12 shall enter into force, with respect to
the first ten countries of the Union which have deposited instruments of
ratification or accession without making the declaration permitted under
paragraph (1)(b)(i), three months after the deposit of the tenth such
instrument of ratification or accession.

(b)
Articles
13
to 17 shall enter into force, with respect to
the first ten countries of the Union which have deposited instruments of
ratification or accession without making the declaration permitted under
paragraph (1)
(b)(ii), three months after
the deposit of the tenth such instrument of ratification or
accession.

(c) Subject to the initial
entry into force, pursuant to the provisions of subparagraphs
(a) and
(b), of each of the two groups of Articles referred to in
paragraph (1
)(b)(i) and
(ii), and subject to the provisions of
paragraph (1)(b),
Articles 1 to 17 shall, with respect to
any country of the Union, other than those referred to in subparagraphs (a)
and (b), which deposits an instrument of ratification or accession or any
country of the Union which deposits a declaration pursuant to paragraph
(1)
(c), enter into force three months
after the date of notification by the Director General of such deposit,
unless a subsequent date has been indicated in the instrument or declaration
deposited. In the latter case, this Act shall enter into force with respect
to that country on the date thus indicated.

(3) With respect to any country of
the Union which deposits an instrument of ratification or accession,
Articles
18
to 30 shall enter into force on the earlier of the
dates on which any of the groups of Articles referred to in paragraph (1)
(b) enters into force with respect to that country
pursuant to paragraph (2)
(a), (b), or
(c).

(1) Any country outside the Union
may accede to this Act and thereby become a member of the Union. Instruments of
accession shall be deposited with the Director General.

(2)

(a) With respect to any
country outside the Union which deposits its instrument of accession one
month or more before the date of entry into force of any provisions of the
present Act, this Act shall enter into force, unless a subsequent date has
been indicated in the instrument of accession, on the date upon which
provisions first enter into force pursuant to
Article
20
(2)(a) or (b); provided that:

(i) if
Articles 1 to 12 do not enter into force on
that date, such country shall, during the interim period before the
entry into force of such provisions, and in substitution therefor, be
bound by
Articles 1 to 12 of the Lisbon
Act,

(ii) if
Articles 13 to 17 do not enter into force
on that date, such country shall, during the interim period before the
entry into force of such provisions, and in substitution there for, be
bound by
Articles 13 and
14 (3), (4), and (5), of the Lisbon
Act.

If a country
indicates a subsequent date in its instrument of accession, this Act
shall enter into force with respect to that country on the date thus
indicated.

(b) With respect to any
country outside the Union which deposits its instrument of accession on a
date which is subsequent to, or precedes by less than one month, the entry
into force of one group of Articles of the present Act, this Act shall,
subject to the proviso of subparagraph (a), enter into force three months
after the date on which its accession has been notified by the Director
General, unless a subsequent date has been indicated in the instrument of
accession. In the latter case, this Act shall enter into force with respect
to that country on the date thus indicated.

(3) With respect to any country
outside the Union which deposits its instrument of accession after the date of
entry into force of the present Act in its entirety, or less than one month before
such date, this Act shall enter into force three months after the date on which
its accession has been notified by the Director General, unless a subsequent date
has been indicated in the instrument of accession. In the latter case, this Act
shall enter into force with respect to that country on the date thus
indicated.

Article 22 - [Consequences of Ratification or Accession]

Subject to the possibilities of
exceptions provided for in
Articles 20(1) (b) and
28(2), ratification
or accession shall automatically entail acceptance of all the clauses and admission to all
the advantages of this Act.

Article 23 - [Accession to Earlier Acts]

Article 24 - [Territories]

(1) Any country may declare in its
instrument of ratification or accession, or may inform the Director General by
written notification any time thereafter, that this Convention shall be applicable
to all or part of those territories, designated in the declaration or
notification, for the external relations of which it is
responsible.

(2) Any country which has made
such a declaration or given such a notification may, at any time, notify the
Director General that this Convention shall cease to be applicable to all or part
of such territories.

(3)

(a) Any declaration made
under paragraph (1) shall take effect on the same date as the ratification
or accession in the instrument of which it was included, and any
notification given under such paragraph shall take effect three months after
its notification by the Director General.

(b) Any notification given
under paragraph (2) shall take effect twelve months after its receipt by the
Director General.

Article 25 - [Implementation of the Convention on the Domestic
Level]

(1) Any country party to this
Convention undertakes to adopt, in accordance with its constitution, the measures
necessary to ensure the application of this Convention.

(2) It is understood that, at the
time a country deposits its instrument of ratification or accession, it will be in
a position under its domestic law to give effect to the provisions of this
Convention.

Article 26 - [Denunciation]

(1) This Convention shall remain
in force without limitation as to time.

(2) Any country may denounce this
Act by notification addressed to the Director General. Such denunciation shall
constitute also denunciation of all earlier Acts and shall affect only the country
making it, the Convention remaining in full force and effect as regards the other
countries of the Union.

(3) Denunciation shall take effect
one year after the day on which the Director General has received the
notification.

(4) The right of denunciation
provided by this Article shall not be exercised by any country before the
expiration of five years from the date upon which it becomes a member of the
Union.

Article 27 - [Application of Earlier Acts]

(1) The present Act shall, as
regards the relations between the countries to which it applies, and to the extent
that it applies, replace the Convention of Paris of March 20, 1883, and the
subsequent Acts of revision.

(2)

(a) As regards the countries
to which the present Act does not apply, or does not apply in its entirety,
but to which the Lisbon Act of October 31, 1958, applies, the latter shall
remain in force in its entirety or to the extent that the present Act does
not replace it by virtue of paragraph (1).

(b) Similarly, as regards
the countries to which neither the present Act, nor portions thereof, nor
the Lisbon Act applies, the London Act of June 2, 1934, shall remain in
force in its entirety or to the extent that the present Act does not replace
it by virtue of paragraph (1).

(c) Similarly, as regards
the countries to which neither the present Act, nor portions thereof, nor
the Lisbon Act, nor the London Act applies, The Hague Act of November 6,
1925, shall remain in force in its entirety or to the extent that the
present Act does not replace it by virtue of paragraph (1).

(3) Countries outside the Union
which become party to this Act shall apply it with respect to any country of the
Union not party to this Act or which, although party to this Act, has made a
declaration pursuant to
Article 20(1)(b)(i). Such countries recognize
that the said country of the Union may apply, in its relations with them, the
provisions of the most recent Act to which it is party.

Article 28 - [Disputes]

(1) Any dispute between two or
more countries of the Union concerning the interpretation or application of this
Convention, not settled by negotiation, may, by any one of the countries
concerned, be brought before the International Court of Justice by application in
conformity with the Statute of the Court, unless the countries concerned agree on
some other method of settlement. The country bringing the dispute before the Court
shall inform the International Bureau; the International Bureau shall bring the
matter to the attention of the other countries of the Union.

(2) Each country may, at the time
it signs this Act or deposits its instrument of ratification or accession, declare
that it does not consider itself bound by the provisions of paragraph (1). With
regard to any dispute between such country and any other country of the Union, the
provisions of paragraph (1) shall not apply.

(3) Any country having made a
declaration in accordance with the provisions of paragraph (2) may, at any time,
withdraw its declaration by notification addressed to the Director
General.

Article 29 - [Signature, Languages, Depositary Functions]

(1)

(a) This Act shall be signed
in a single copy in the French language and shall be deposited with the
Government of Sweden.

(b) Official texts shall be
established by the Director General, after consultation with the interested
Governments, in the English, German, Italian, Portuguese, Russian and
Spanish languages, and such other languages as the Assembly may
designate.

(c) In case of differences
of opinion on the interpretation of the various texts, the French text shall
prevail.

(2) This Act shall remain open for
signature at Stockholm until January 13, 1968.

(3) The Director General shall
transmit two copies, certified by the Government of Sweden, of the signed text of
this Act to the Governments of all countries of the Union and, on request, to the
government of any other country.

(4) The Director General shall
register this Act with the Secretariat of the United Nations.

(5) The Director General shall
notify the Governments of all countries of the Union of signatures, deposits of
instruments of ratification or accession and any declarations included in such
instruments or made pursuant to
Article 20(1)(c), entry into
force of any provisions of this Act, notifications of denunciation, and
notifications pursuant to
Article 24.

Article 30 - [Transitional Provisions]

(1) Until the first Director
General assumes office, references in this Act to the International Bureau of the
Organization or to the Director General shall be deemed to be references to the
Bureau of the Union or its Director, respectively.

(2) Countries of the Union not
bound by
Articles 13 to 17 may, until five years after the entry
into force of the Convention establishing the Organization, exercise, if they so
desire, the rights provided under
Articles 13 to 17 of this Act
as if they were bound by those Articles. Any country desiring to exercise such
rights shall give written notification to that effect to the Director General;
such notification shall be effective from the date of its receipt. Such countries
shall be deemed to be members of the Assembly until the expiration of the said
period.

(3) As long as all the countries
of the Union have not become Members of the Organization, the International Bureau
of the Organization shall also function as the Bureau of the Union, and the
Director General as the Director of the said Bureau.

(4) Once all the countries of the
Union have become Members of the Organization, the rights, obligations, and
property, of the Bureau of the Union shall devolve on the International Bureau of
the Organization.